Back
NAWNEET KUMAR PANDEY
Kavita Devi W/O Late Deo Narayan Thakur – Appellant
Versus
Union Of India, through The General Manager, East Central Railway – Respondent
JUDGMENT :
Nawneet Kumar Pandey, J.
I have already heard the learned counsel for the appellant.
2. At the time of hearing, none appeared for the Union of India/Railways. Later on, the learned counsel for the Railways appeared and he was asked to file written argument within three days, but still it has not been filed.
3. The appellant/claimant, Kavita Devi filed an application before the Railway Claims Tribunal, Patna Bench for compensation of Rs. 4,00,000/-(Rupees four lacs) and interest, as her husband died in a train accident. The claimant’s case in brief is that on 19.05.2002, her husband fell down from running train no. 156 (Summer Special) at Mokama railway station and died at PMCH, Patna, in course of treatment.
4. The respondent/Union of India, through the General Manager, East Central Railway, Hajipur, filed written statement, pleading inter alia, that the deceased was not a bona fide passenger. The learned Tribunal rejected the application on the ground that the deceased was not a bona fide passenger. It has been mentioned in the impugned order that in claim application it has been typed that the ticket was lost in the accident, but later on it was produced. It has also been m
A bona fide passenger's status cannot be discredited solely based on initial claims of lost tickets when the authenticity of the ticket is later established.
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
The absence of a train journey ticket does not disqualify a claim for compensation if sufficient evidence shows the deceased was a bona fide passenger.
The main legal point established in the judgment is the burden of proof on the claimant, the definition of a bona fide passenger, and the presumption against the railways to rebut the claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
